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95-319Council File # � � � I ��j �� A L Green Sheet # 28206 RESOLUTi01V CITY OF SAINT PAUL, MINNESOTA t� Presented By � '+'�'�� Referred To Committee: Date 1 2 Whereas, George Letendre, 1092 Churchill Street, Saint Paul, 3 Minnesota 55103, made application to the Board o£ Zoning Appeals 4 for a variance from the strict application of the provisions of 5 the Saint Paul Zoning Code for property located at 449 East 7th 6 street; and 7 � 8 Whereas, The purpose of the application was to vary the 9 standards of the Zoning Code so as to permit the establishment of 10 a restaurant and office space in an existing vacant building and 11 a variance from the off-street parking requirements for those 12 proposed uses; and 13 14 Whereas, The Board of Zoning Appeals conducted a public 15 hearing on February 6, 1995, after having provided notice to 16 affected property owners, and the Board, by its Resolution 95- 17 003, decided to grant the application to vary the required o£f- 18 street parking requirements for 12 spaces, subject to the 19 condition that if the applicant is able to vacate Willis street 20 and/or the adjacent alley and establish a private parking lot on 21 that land, that the number o£ parking spaces authorized by the 22 variance must be reduced by the nutnber of new off-street parking 23 spaces provided, based on the following findings and conclusions: 24 25 1. The property cannot be put to a reasonable use 26 under the strict provisions of the code. The last 27 use of the building was as a repair shop on the 28 first floor and an apartment on the second floor. 29 It is not feasible to restore the building for 30 this type of low intensity use. Therefore the 31 applicant is proposing more intensive uses: a 32 restaurant on the first floor and office space on 33 the second. This change in use requires 34 additional parking and it is not possible to 35 provide any parking on the current site. 3fi 37 2. The pliqht of the land owner is due to the £act that 38 the existing buildinq occupies the entire site sa there 39 is no room for off-street parking. 40 41 3. The variance will make it possible to rehabilitate a 42 building while not significantly affecting the parking 43 situation for the area, and therefore the proposed 44 variance is in keeping with the spirit and intent oP 45 the code, and is consistent with the health, safety, 46 comfort, morals and welfare of the inhabitants of the 47 city. 48 49 4. The e£fect oP the parking variance on the nearby 50 properties would be minimal. It is reasonable to assume that a large percentage of the restaurant's "�� business will be walk-in lunch business from the nearby state of£ice buildings. After offiae hours and on weekends when the nearby ofPice buildings are closed, some of the on-street parking adjacent to the building would be available for customers who drive. 5. The proposed uses are permitted uses in the I-1 2oning district, and therefore the variance, if granted would not permit any use that is not permitted under the provisions of the code, nor alter or change the zoning district classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land- as the variance is needed to permit more intensive uses so that it is practical ta restore the vaaant building. Whereas, Pursuant to the provisions of Section 64.205, Dale LePage and Mike Nicklaus, 447 East 7th Street, Saint Paul, Minnesota, duly filed with the City Clerk an appeal from the determination made by the Board of Zoning Appeals, requesting that a hearing be held before the City Council for the purpose of considering the actions taken by the said Board; and Whereas, Acting pursuant to Sections 64.205 through 64.208, and upon notice to affected parties a public hearing was duly conducted by the City Council on March 15, 1995, where all interested parties were given an opportunity to be heard; and Whereas, The Council, having heard the statements made, and having considered the variance application, the report of staff, the record, minutes and resolution of the Board of Zoning Appeals, does hereby kesolve, That the Council of the City of Saint Paul does hereby affirm the decision of the Board of Zoning Appeals in this matter, based on the findings and conclusions adopted by the Board of Zoning Appeals, that the proposed use of the property for a restaurant on the main floor and an office on the second floor are reasonable uses of the property, subject to the followinq conditions: 1. That the number of parking spaces authorized by the variance must be reduced by the number of new off- street parking spaces that may be provided if the applicant is able to vacate Willis street and/or the adjacent alley and establish a private parking lot on that land. 2. No use or uses of the structure at 449 East 7th Street which may require more than 19 off-street parking spaces shall be permitted unless additional variances are obtained in accordance with the procedures contained in the Zoning Code. Further Resolved, That the appeal of David LePaqe and Mike Nicklaus be and is hereby denied; and, be it � q�3f� 2 Finally Resolved, That the City C1erk sha11 mail a copy of 3 this resolution to George Letendre, David LePage and Mike 4 Nicklaus, the Zoning Administrator, Planning Commission and Board 5 of Zoning Appeals. Requested by Department of: By: Adopted by Council: Date �`� 5 Form App}fdved by Adoption Certified by Council Secretary BY: _�� By: app By: by May�r £or Submission to By: 9�-3�� DEPARTMENTIOFFfCEiCOUNCft DASE MITIME� ' `O � " � O c�t Attorne 3/16/95 GREEN SHEE CONTACT PERSON & PHONE INfTfAUDASE INiT1AVDASE � DEPARTMEM DIRECTOR � qTY COUNpL Nancy Anderson/Council Research ''�'�" �c�rrnrroaNer �CITYCLERK MUST BE ON CAUNpL ACaEN�A BY (DATE) R��NG � BUDGET OIRECTOfl O FIN. & MGT. SERVICES DIR OflDEfl � y�pypR (OR ASSISTFM) O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) AGI'ION REWE5TED: _ Resolution finalizing Gity Council acton taken on 3(15J95 affirming the decision o£ the Boa d of Zoning Appeals to grant a variance Eor 12 off-street park�ng spaces at 449 East 7th St. and denying the a eal o£ David LePa e and Mike Nicklaous. RECOMMENDA170NS: Approve (n� ar peject (R) pERSONAL SERVICE CONTpACiS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLANWNG C�MMf5S10N _ CIVILSERVICE COMMISSI�N �� Has thi5 perSONfirm ever worketl untler a rAntrdd for thi5 department? _ GB COMMITTEE YES NO _ STAFF 2. Has this persoNfirm ever been a ciry employee? — YES NO _ DisTRICi CouRi _ 3. Does this person/firm posse5s a skill not normally possessed by any curreM city employee? SUPPORT3 WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet antl attach to green sheet INITIATiNG PP08LfM, ISSUE, OPPORSUNiN (Who, Whet, When, Where, Why). ADVANTAGES IFAPPROVED. DISADVAN7AGES If APPROVED. DISADVANTAGES IF NOTAPPROVED: TOTAL AMOUNT OF TRANSACTION $ COSi/REVENUE BUDGETED (CIqCLE ONE) YES NO FUNUIIdG SOURCE AC7IVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNE Timothy E. Marr, Ciry Attorrsey CITY OF SAINT PAUL Nomz Coleman, Mayor C[v[1 DNISiOR a00 Ciry Hall IS A'e.st Kellogg Blvd Saint Pau7, Mraenesota SSIQ2 Telephone: 612 266-3710 Facsimi[e: 612 298-5619 March 16, 1995 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Re: 449 East 7th Street Council Hearing Held March 15, 1995 Dear Ms. Anderson: The City Council conducted a hearing on the appeal of David LePage and Mike Nicklaus from the decision of the Board of Zoning Appeals granting a variance of 12 off-street parking spaces for the proposed restaurant and oPfice at 449 East 7th Street. The Council voted to affirm the decision of the Board and our office was directed to prepare the requisite resolution. Attached please find the resolution affirming the Board's decision, and which resolution contains an additional condition that restricts the use of the structures to a density that will require no more than a total of 19 off-street parking spaces. That number of parking spaces was employed based on the faat that the proposed restaurant and office uses require 19 parking spaces. Yours truly 3 ME J. � 1��A-......>�:s .._:.f.t?E:a?�� ..+�+�'v3� �tlPte� � � €.P�.S City Attorney :s Enc. CITY OR SAINT PAUL A'orm Coleman, .�layor +�r.ra March 6, 1995 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File Name: City Council Heazing Date: OFFLCE OF LICENSE, INSPECT[ONS AND �� 3lC1 ENVIRONMENTAL PROTECTION � Roben Kessler, Director SUIIDINGINSPECIIQNA�'D Te[eplioe¢e:612-266-9(X71 DESIGN Facsimile: 612-266-9G99 350 St Peter S:reer Sr.ire 310 Saznt Paul, Minnesam SSIO2-1510 David LePage (File #95-030) March 15, 1995 PURPOSE: To consider an appeal of a decision by the Board of Zoning Appeals granting a 12 space pazking variance to permit an existing building at �+49 East 7th Street to be used as a restauiant and o�ce. BOARD OF ZONING APPEALS ACTION: Approve 7-0 STAFF R�COMMENDATION: Approve • SUPPORT: None OPPOSITION None Dear Ms. Anderson: • On Pebruary 6, the Boaid of Zoning Appeals granted a parking variance foc property at 449 East 7th Street. The variance allows the east half of an existing building to be used as a restaurant on the first floor and offtce space on t6e second floor with no off-street parkin�, Normally, this would require 12 off-street parking spaces. George Letendre, the applicant, testified at the public hearing that the east half of the building has been vacant for four years. He said that there is no room to provide any off-street parking. He is attempting to vacate the adjacent street (Wi]]ius) so that it can be turned into a parking lot but it is not cleaz at ttiis time whether the vacation will be approved by the City. The applicant also stated that he expects pazking demand will be less than for a typical restaurant because most of the business will be walk-in traffic from nearby state office buildings. At the close of the public hearing, the Board of Zoning Appeals voted 7-0 to grant the variance. David LePage and Mike Nicklas own the west half of the building, 447 East 7th Street, and have appea2ed the variance. In their appeal, they state that there is a]ready a pazking problem in the area and they are concerned that customers from tlae restaurant will use their parking lot and block access required for the operation of their business. They also state that they are interested in buying Mr. Letendre's half of the building and using it in a way that would require less parking. This appeal is scheduted to be heard by the City Council on Mazch 15. Please call me at 266-9086 if any member of the City Council wishes to have slides of the site presented at the pablic hearing. . Sincerely, ��''y�`� Tom Beach cc: City Councilmembers Attachments Appeal 4 BZA resolution, minutes and staff report 13 Application for vaziance 15 Plans and maps n U � �-� 3�� r'.�rL?CATI, FOR i^-.?PEP.i. �iTY GF ��?�vT F�?U� • ZG��SWG O��ICE USE OwtY File " Applicaticn fee 5 = 7a �entative 'r',earing Date ' G� i i=r��1C2i?0� 15 iierE'�J� .�IC'�E iGl' c!1 ,C��d� T.0 tll2 Ul?.`I �Y,C� ;;ncer �ne provisions e� C�ap�er 64, Sect;cn Z o 6 , Pzragraph — of the Zcning Code iJ cr�2d� d('.'cCiS1Gi1�T��2 u;f th° X�Ocr� Cf Zoning r.Nr2d�5 r � � Plarn�ng Cecnission on �c: � , ?9°? Zcnir.g Fdministrator (date of decision) Planning Adminis�rator Other -.. ;;=?ELLaNT _ r- �� 'Ja;�e ; , �.L. �,.��,,� , � z .'�� ljC� ,L l /� � .-L' Dayt ime phone � r � C, -d�ress l � � f `. Zip Code �� B. rcCIS:OiJ BE?,tG APPEaLED _ / fr� \�-"fti. Zoning Fi le � � �' "i � � "::� / r i `� " ( �r��ng file na�ne ,,�f� — � I � -, Froperty Address/Lccation � if�� f F�'�� ti\�_ Legal description C. G?�L'�d�S FOR ;;?PEnL (Use additional she=Cs if necessary.} (�xplain wny you feel there has been an error in any requtirement, permit, decision or refusal made by an administrative o`ficial, or an error in fact, procedure or finding made b;� the Board of Zoning Appeals or the Planning Corrxnission.) ?f yQU hav2 any questions, please contact: St. Paul Zoning Office ?iC0 City �.311 i-nnex � 25 '��est Fe�rth Street Saint Pa�l, �•tinr�esota SSi02 (292-4154) ; � /�1 �- , / '/i ��--��- �App� CanY's �i��ure ��'t C / _ (? C� — Cate City agent 9/82 z�;- !S §7 � February 20, 1995 i Mr. Tom Beach St. Pau1 City Council Zoning Office 1100 City Hall Annex 25 West Fourth Street Saiht Paul, MN 55102 Re: Zoning FiZe L:o. °5-003 Dear City Council: I am writing to ycu regarding a decision which was made on February 6, 1995 pursuant to Chapter 64, Section 206 of the Zoning Code. That decision, if not reversed, will have a significant negative impact on the immediate area surrounding 449 East 7th Street, including my business. As the owners of 447 East 7th Street, in St. Paul, my partner, Mike Nicklaus, and i feel that allowing a franchise restaurant such as Subway, would cripple our business. Last fall we were approached by George Letendre with detailed proposa2s for multiple parking spaces on both sides of Willias Street, which he claims are n�eded for his proposed business. . After speaking with Paddy McNeely of the Space Center, I e�as �hock°d te hear t,at i��r. Letendre was given a variance for zero parking spaces where twelve spaces were suggested as a minimum. After additional investigation, I discovered that the nearest public parking area is five blocks away from 449 East 7th Street. Presumably, Mr. Letendre would use this for his employee parking. However, it is unlikely that patrons to a fast food restaurant will walk five blocks to the restaurant. This woulcl result in patrons trying to park on a street that rarely has one parking space available during business 'r_cnrs, much iess the 12 parking spots that were recommended. My partner and I have owned our building at 447 East 7th Street since September, 199a, Our pride in ownership and comsaztment to our building's place in the City of St. Paul is evidenced by the renovation of this building. We have invested months of labor and tens ot thousands of dollars in rehabing its interior. our plans £or the f�.:±��e �_,c�••a- iace Iift. �u= a mucii neaded exterior Our business, Bigwood Timberframes, Inc., requires us to frequently move large equipment and materials zn and out of our parking lot. Currently, there is rarely a day when a car doesn't encroach on our lot or block us in. This problem will only � ? g�3�� i Tom Beach February 2�, 1995 Page Two increase and occur continuously throughout the day if a Subway is alloered to open. By a1lo�ring the establishment of a Subway restaurant, the City of St. Paul is allowinq Subways patrons to dictate the comings and goings of our neighborhood. In addition, there is a auestien cf garbage sto'rage. The building located at 449 East 7th Street has no surrounding property to store garbage, nor is there a location on the street or sidewalk for garbage storage. Further, is the issue of whether there is room for an adequate fire escape at 449 East 7th Street. After the renovation of our building, the St. Paul building inspector toured our property. v7hile touring our building, the inspector provided me with information regarding proper fire escapes for second floor occupancy. Based on the information I received, it appears that it oaould be difficult to build`an adequate fire escape from the second floor at 449 East 7th Street. This could result in an inability to use the second floor of this buildinq. I believe my partner and I have a proposal that would solve all of the problems listed above. We have an interest in • purchasing the building located at 449 East 7th Street. This would allow us to expand our busin=s=, and with prcper renovation, preserve che £lavor of this historic building. The seaond Ploor would be leased as an architectural or photography studio allowing 1 or 2 tenants. This would not qreatly impact the general area parking. We would also be able to restore the exterior to i.ts original uniformity. By placing both halves of the George E. Aess buildina of 1883 in ±he capable and caring hands of Bigwood Timberframes, Inc., the City of 5t. Paul would be doing the best thing for the building, the neighboring business, and the St. Paul city skyline. 5incerely, BIGWOOD TIMBERFRAMES, INC. ,. v�''� iii� �t David LePage !� � � J Bigo.00d Timberframes, Inc. 447 East 7th Street St. Paul, MN 55101 3 CITY OF SAINT PAUL BOARD OF ZONING APPEALS RESOLUTION ZONING I'ILE N[1MBER: 9s-oos DATE Febmary 6, 1995 WHEREAS, GEORGE LETENDRE has applied for a variance from the strict application of the provisions of Section 62.103(a) of the Saint Paul Leeislative Code penainin� to off-street pazking in the I-1 zoning district at 449 7TH ST E; and WHERPAS, the Saint Pau1 Board of Zonin� Appeals conducted a public hearins oa OZ/06/95, pursuant to said appeal in accordance with the requirements of Section 64.205 of the Legislative Code; and WHEREAS, the Saint Paul Board of Zonin� Appeals based upon evidence presented at the public heazine, as substantially reflected in the minutes, made the following findings of fact: The property in question cannot be put to a reasonable use under the strict provisions of the code. The last use of the building was as a repair shop on the first floor and an apaztment on the second floor. I[ is not fzasible to restore the buildine for this type of low intensity use. Therefore the applica�t is proposin� more intensive uses: a restaurant on the first floor and office space on the sewnd. However, this chanee in use requires additional pazkine and it is not possibte to provide any puking on the wrrent site. i 2. The pli�ht of the land owner is due to circumstances unique to his property, and these circumstances were not created by the land owner. • The plight of the ]and owner is due to the fact that the existine buildin� occupies the entire site so there is no room for off-street parking. 3. The proposed vaziance is in keeping wich the spirit and intent of the code, and is consistent with the heatth, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. The variance will make it possible to rehabilitate a building while not sienificantly affecting the pazkine simation for the area. 4. The proposed vaziance wiii not impair an adequate supply of light and air to adjacent property, nor wi11 it alter the essential character of che surrounding area or �nreasonabty diminish established property values within the surrounding area. The effect of the pazking variance on the nearby propenies would be minimal_ It is reasonable to assume that a faz�e percentage of the restaurant's business wiTl be walk-in lunch business from the neazby state office buildines. After office houn and on weekends when the neazby office buildings aze closed, some of the on-street pazkin� adjacent to the buildine would be available for customers who drive. 5. The variance, if granted, would not pemut any use that is not permitted under the provisions of the code for the property in the district where the affecied land is located, nor would it aiter or change the zoning district classification of the property. The proposed uses are permitied in the I-1 zoning district. � � g� .� �� File n95-003 Pa�e Two C� 6. The request for vuiance is not based primarily oa a desire to increase the value or income potential of the pazcel of 1and. The variance is needed to permit moie intensive uses so that it is practical to restore the vacant buildina. NOW, THEREFORB, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the provisions of Section 62.103(g) be hereby waived to allow a 12 space pazking variance for a proposed restaurant wich office space on property ]ocated at 449 7TH ST E and legally described as all that pan of Lot 8, Block 24, Kittson's Addicion to St. Paul described as follows, to-«it: commencine at a point on the East line of said Lot 8, 23 feet South from the Nonheast corner thereof; thence Nest at rieht aneles, 23.67 feet; thence South in a straieht line to a point on the South ]ine of said Lot 8, 23.58 feet from the Southeast comer thereof; thence East along the South line of said Lat 8, 23.58 feet to the Southeut corner thereof; thence Nonherly along the East line of said Lot 8, 73.84 feet, more or less, to the point of be?inning; in accordance with che application for variance and the site pIan on file �vith the Saint Paul Plannin� Division subject to the condition chat if the applicant is able to vacate �Villis and/or the adjacent alley and establish a private pazking lot on that land, the number of spaces in the vaziance will be reduced by the number of new off-street parkin� spaces provided. M�VED $Y: Scherman SECONDED BY Bogen • IN FAVOR: � AGAINST: o MAILED: Febmary 8, 1995 TIl�4E LIMIT: No order of the Board of Zoning Appeals permitting the erection or alteration of a building or off-street parking facility shall be valid for a period longer than une year, unless a building permit for such erection or alteration is obtained within such period and such erection or atteration is proceeding pursuant to the terms of such permit. The Board of Zoning Appeals or the City Council may grant an extension not to esceed one year. In granting such el�tension, the Board of Zoning Appeals may decide to hold a publSc hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subjeM to appeal to the City Council within 1� days by anyone affected by the decision. Building permits shall not be issued after an appeal has been filed. If permits have been issued before an appeal has been filed, then the permits are suspended and construction shall cease until the City Council has made a final determination of the appeal. • s File �95-003 Page Three CERTIFICATIO:V: I, the undersigned SecreYary fo fhe Board of Zoning Appeals for ihe City oF Saint Paul, �Iinnesota, do hereby certify that I have compared the foregoing copy �cith the original record in my office; and find fhe same fo be a frue and correct copy of said original and of the �chole thereof, as based on approved minutes of the Saint Paul Board of Zonina Appeals meeting held on February 6, 199� and on record in the Saint Paut Plaa��ing Division OCfice, 25 West Fourth Street, Saint Paul, Minnesota. SAL\°L' P.�L�L BOaRA OF ZO\�G APPE?.LS i � uMn-, �aiin�rl n n�1�/ r "'_` Secretarv to the Board Svsan S}nstegaard i . • Y ��3�� • MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, 'VIINNESOTA, FEBRUARY 6, 1995 PRESLNT: Mmes. Maddox, Bo�en and Liston; Messrs. Atton, Scherman, Tuily and Wilson of tl�e Board of 7oning Appeals; Mr. Segal, Assistant City A[torney; Mr. Beach and Ms. Synstegaard of the P]anning Division Staff. ABSENT: None. The meeting was chaired by 7oyce Maddox, Chair. GEORGE LETENDR� (N95-003): A parking variance to establish a restaurant and office space. The applicant was present. There was no opposition present at the hearing. Mr. Beach s]iowed slides of the site and reviewed the staff report with a recommendation for approval subject to tl�e condition that if tl�e applicant is able to vacate Wilfis andlor the adjacent alley and establish a private parkin� lot on that ]and, the number of spaces in the variance will be reduced by the numUer of new off-street parking spaces provided. No correspondence was received in this matter. • Mr. Tul]y asked if there is any access to the Space Center parking lots during off hours. Mr. Beach repiied he isn't sure. George Letendre, 1097 Churchill Street, stated he doesn't know how those parking ]ots are regulated. Ms. Maddox asked Mr. Beac1� if the cars in the alley ]�e took pictures of are parked there the whole day. Mr. Letendre replied tl�at his guess is that tlie majority of parking on Wi]iis and in the alley is either people going to the Department of Health building or to die Savoy Restaurant during lunch. Ms. Maddox asked if tIiere are any meters in the alley or if it is posted 1 hour parking. Mr. Letendre rep]ied thattl�ere are signs posted for 1 hour parking. Mr. Aiton asked if there is parking in the al]ey. Ivtr. Letendre replied that there are people who park in the alley. Mr. Alton asked if the ailey has any signage for no parking. Mr. Letendre replied that there is no signage of "no parking" but it is Posted "Savoy Parking Only". Mr. Alton asked Mr. Letendre what the likelihood is of getting Wi11is Street vacated. Mr. Letendre stated tl�at they started with tlie vacation of Wi]lis Street. The City reviewed it and asked liim if he would consider vacating the alley also so there wouldn't be a dead en@ at Wi]lis Street. He agreed to do that and met with all of flze adjoining property owners last week and they are against it. The main issue is that they're going to own more land and wiil have to pay more taxes. His understanding is fliat you have to have a majority of tl�e adjoining property owners before you can get a street vacated. The City is concerned that water drains from the alley onto Wiilis Street and they have to resolve tl�at. There are • � File #95-003 Page Two three property owners adjoining Wi11is, themse]ves, @ie neighboring buiiding and Space Center. Space Center is not in agreement and he doesn't know what his chances are af obtaining tfie street vacation. He doesn't know liow strong they listen to the majority of the property owners vs. others. He sees this proposed use as not needing parking. With 4,000 people in adjoining buildings he doesn't fee] he needs any parking. If he thaught his business was going to hinge on that he would be more concerned. He wants to provide that parking if other people in the neighborhood think tliat it is a need. That is why he had the drawings put together and has been talking to peaple. If the neigfiboring people or Savoy's think that it will look bad because he isn't going to have parking there - is an altemative. • Mr. Alton asked Mr. Letendre if he expects most of his res[aurant business will be from the luncli crowd. Mr. Letendre replied yes but that he will not own fhe restaurant franchise. He wiIi be one of the two o�c�ners leasing the space to Subway so he cannot speak to their restaurant honrs. Mr. Tully asked Mr. Letendre regarding the office, wiIl he need parkin� spaces for it and how many people will be working in it? Mr. Lerendre rep]ied that there are two possibilities. The adjoining bui]ding manufactures wood frames to put in houses and they say they know of a architect designer who needs space. If that works they'll �nt that in because it ties together. Otherwise, he envisions telemarketing where people take a bus and don't need parking. He has worked as a commercial property manager and if tl�ere's no parking, office people are not going to lease the property. So again it is falling back on him to find the appropriate tenant to make it work. • Mr. Ta7Iy asked Mr. Beach if the City vacated the street would Space Center still be able to use it as a thoroughfare to get in and out of their Iots. That is how this works now and it is a short-cut to the freeway. Mr. Beach replied that when a street is vacated typicaiiy each adjacent property owner gets half of the street. The Space Center could sell their half of the alley to Mr. Letendre with a condition that tliey �et an easement. Mr. Letendre stated thatin reference to the vacation and the parking, what he hopes they can resolve is open 1 hour parking for everyone. The lot is designed with 26 foot width ingress/egress area with almost 30 parking spaces. He stated that they couid decide on a specified number of parking spaces per building but there would have to be cross-easement for everyone in the aIley so tl�ey can still go �n and out. Mr. Tully asked Mr. Letendre that if he wonld ge[ the vacation, wouId he have it marked for strictly Subway parking only. Mr. Letendre replied no, he prefers thaT it is open I hour garking, or some otIier time period that works for everyone. When you have that many adjoining property owners and everyone couid use the parking, trying to divide the parking is diffcult. Ms. Maddox asked who from the City staff has been working an [I�e parking issue. She stated that if that building were remodeled it would be great for the whole entry into Railroad Istand and a great plus. Mr. Letendre reptied that he has worked with Bob Hamilton and Thomas Kuhfeld. Mr. Beach stated tl�ose gentlemen are both from Pubiic Works. Mr. Letendre stated he has also worked with Phillip Owens of the Fire Department. • 0 ��-3�� CJ � File n95-003 PaQe Three Mr. Beach stated tha[ Mr. Letendre mentioned Chuck Repke in his letter. Mr. Letendre stated [hat Mr. Repke saved diat building. When him and his partner were looking for a building last fall his partner said this buildin� would work for a Subway restauxant. ��hen they started working with the owner they found out aboui some problems �3�ith the Health Department. There were orders for demolition of the buildin� and tUey were takin� bids. He spoke to Mr. Repke and showed him his proposal and asked him if he could extend the period before the bui]ding is torn down. Mr. Repke replied yes and that he thought it would be nice to have some street-scaping there, add to the area, provide 4,000 peop]e anot]ier option of something to eat and gave them 6 mond�s. April 1 is when their period ends. The building has been vacant for four years. There is basically a shell diere and flsey will be putting at least $100,000 into the buiiding. It°s basically an entire gut and remodel job inside tl�e building. Ms. Maddox asked Mr. Beac]i if he has any idea of any P�D staff that migl�t assist Mr. Letendre in ]ooking at the parking issue. Mr. Beadi replied it would probab]y be him as far as laying out the lot and he wrould work with Mr. Hamilton. He refezred die Board to page 6 of the staff report diat they would be taking the paralle] parking and mmin� it into 90 degree parking. When you do that you practically double the amount of parking. This doesn't address the alley and if it was vacated diey could also look at that issue. Hearing no further testimony, Ms. Maddox closed the pub]ic portion of the meeting. Mr. Wilson asked Mr. Sega] about the staffs condition added to the recommendation. He asked if the variance is approved and Mr. Letendre chose not to pursue tl�e vacating of the street, if anything could be done about it. Mr. Beach replied that Mr. Letendre would havz his variance. Mr. Wilson asked if the Board can put a condition on a staff recommendation. Mr. Segal replied yes and that die Board of Zoning Appeals in granting a variance, can place conditions on it if the conditions are intended to protect adjacent property, public peace, health, safety to carry outthe purpose and intent of the Zoning Code. Mr. Segal stated that staff is recommending t]�at the Board grant the variance but that you also provide a condition that the variance for parking wouid be reduced in the event that the alley is vacaTed and the applicant is required to use it for parking. The Board is not granting the variance on the condition fliat the City vacate the alley. The City alone has the control over whether or not to vacate an alley and would be beyond the applicant's control. Nir. Scherman moved to approve tl�e variance request and resolution based on findings 1 through 6 on the condition that if the appiicant is ab(e to vacate Willis and/or the adjacent alley and establish a private parking 3ot on that ]and, the number of spaces in the variance wi11 be reduced by the number of new off-street parking spaces provided. Ms. Bogen seconded the motion, which passed on a roll call vote of 7 to 0. Submitied by: • "I'on� Approved by: � � t ,,C� �� cu� -�:ti �,.� y�-`- �� ; � Ioyce Maddox, Chair � BOARD OF ZOl\�TG APPEALS STAFF REPORT 1. APPLICANT: LETENDRE, GEORGE 2. CLASSIF'ICATIOi�T: Major Variance 3. LOCATION: 449 7TH ST E 4. LEGAL DESCRTP"IZOi�': see file 5. PLANNING DISTRICT: 4 FII,E # 95-003 DATE OF I�EARiNG: 02/06/95 6. PRESENT ZONIlVG: I-1 ZONING CODE REFEI2ENCE: 62.103(g) 7. STAFF IA�'ESTIGATION AA'D REPORT: DAT'E: 1127/95 BY: Tom Beach ------------------------------------------- -------------------------------------------- -------------------------------------------- ------------------------------------------ A. PDRPOSE: To establish a restaurant and o�ce space in a building that is currently vacant. ACTION REQL7ESTED: A 12 space parking vaziance (0 off-street parking spaces provided and 12 off- street parking spaces required) , C. SITE AND AREA CONDITIONS: The site covers 2775 square feet and is occupied by two-story building that was constructed in 1866. The building covers the entire property so there is no room to provide any off-street parkin� on che propem. The building has been vacant for 4 years. Surrounding Land Use: North: Of£ce buildin� and parking lot East: Restaurant and vacant buildings South: Right of way for East 7th Street and I-94 West: Pazking lot for office building D. BACKGROUIVD: The applicant is proposine a restaurant on the first floor and office space on the second floor. Each floor has approximately 1775 square feet of floor area. The applicant believes ihat the main customer base would come from state govemment employees who work near fhe site and woutd walk there for lunch. The applicant states that there are over 4,000 employees within 4 blocks of the site. There is on-street pazking on the adjacent street (Willis Street). However, these spaces aze ofren full during office hours for the neazby state office buildings. The applicanc believes that the building can succeed without off-street garking but he woukd Iike Yo provide off-street parking if passible. Therefore, he has applied to vacate Willis Street and the adjacent alley. This will allow him to convert the street to a private parkin� tot and increase the number of pazking spaces. City staff from various departments have seen the proposed vacation and given greliminzry approval, Aowever, the vacation needs the support of neazby groperty owners and must be approved by the City Council. This process will take at least 3 moaths. The applicaat needs to move ahead ��ith the project while the vacation is being considered. C J • C� L� 9'S-3t9 • File n95-003 Page Two E. FL\'DI�i'GS: Ihe property in question cannot be put to a reasonable use under the strict provisions of the code. The last use of the building was as a repair shop on the first floor and an apartment on the second floor. It is not feasible to restore the building for this type of low intensity use. Therefore the applicant is proposing more intensive uses: a restaurant on the first floor and office space on the second. However, this change in use requires additional pazking and it is not possible to provide any parking on the cunent site. 2. The plight of the land owner is due to circumstances unique to his property, and these circumstances were not created by the land owner. The plight of the land owner is due to the fact that the existing buiiding occupies the entire site so there is no room for off-street parking. 3. The proposed vaziance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and we]faze of the inhabitants of the City of St. Paul. The variance will make it possible to zehabilitate a building while not significantly affecting the parking situation for the area. � 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, nor will it alter the essential chazacter of the surrounding area or unreasonably diminish established properry va]ues within the surrounding area. The effect of the parking vaziance on the nearby propenies would be minimal. It is reasonabie to assume that a lazge percentage of the restaurant's business wili be walk-in lunch business from the nearby state office buildings. After office hours and on weekends when the nearby office buildings are closed, some of the on-street parking adjacent to the building would be available for customers who drive. The vuiance, if granted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected ]and is located, nor would it alter or change the zoning district classification of the propeny. The proposed uses are permitted in the I-1 zoning district. 6. The request for variance is not based primari3y on a desire to increase the value or income potential of the parcel of land. The variance is needed to permit more intensive uses so that it is practical to restore the vacant building. F. DISTRICT COUI�TCIL RECOMMENDATION: As of January 26, staff had not heud from the Dayton's Bluff Community Council on this variance. � �1 File #95-003 Page 'Fhree G. STAFF RECONIMENDATION: Based on findings 1 throu� 6, staff recommends approval of the variance subject to the condition that if the agplicant is able to vacate Willis and/or che adjacent alley and establish a private pazking lot on that land, the number of spaces in the vaziance will be reduced by the number of new off-street pazking spaces provided. � . • � 2 C� � C� � � g�- 3�y ZONING BQARd � }� � �� APPLICATION FOR 20NING ORDINANCE VARIANCE I 1� �; t n �: CITYOFSAWTPAUL � ��'� � , A VARIANCE OF ZOMNG CODE CHAP7ER ��. SECTION ��' 3 PARAGRAPH � �5 REQUESTED IN CONFOFMITY WITH THE POWERS VESTED tN THE BOARD OF ZCNING AP— PEALSTOPERMITTHE QES-NvL%�NT ONPROPERTY . DESCfttBEfl BELOW. A. APPfcant: NAME: ��G�LGt L E � E N pR (- ADDRE55��'S� CNVf2Gi S�� S1 DAY71M£ TEIEPH�NE NO. 4�� —'� �� 3 ZIP CODE . 1. Properry interest of applicant: (owner, cO�Vact purchaser, etc.l GFric�� rG 7 iC 2. Name of owner (if different) � ' ' ' [��10 ? GA1CS iNL � B. ProPertyDescripno�: ADDRESS Q4 C. 7� ST. SE� ,erra��6o 7. �=gal deunpuon: LOT BLOCK _ / 2. Lot size. r� �' � � 3. Present Use V�1 C/+ N T Present Zoning Dist. �_ � C. Reasons tor Request. i. ProPOSeduse REc� � ��(tA i e 2. What physical charectens2�cs of the property prevent its being used for any of [he permrtced uses in your zone? (topo9raphy, soii conditions, size and shape of lot, etc.) L�fnP i E O �Ael�� nlL •. 3. a. i � ! State the speafic variaLOn req�esred, giving distantes where aPproPriate, i �� VE r4 t c t� sP�c �s R�q �� e-� � �� i I�f:OQoSc� , , I ._.. __.i' -- ._-,,._._�� ___ ._ l,-'�Q_ .�� 4�u�STE/> ; � , Ezpiain how your czse conforms to each of the foilowiny: ! a. 7hat the stria applicauon of the pro�isions of the Zonjn"9 Ordiance would }esult in peculiar , or excep2ional practica� difficulties, or exceptional untlue hardships. 5E� Pti �`�►��H�� b. That the granting of a variance will � not be a substantial detriment to public 9ood or a substantial impair- � ment o4 the intent and purposeof � ihe Zoning Ordinance, s �� '�"i�{�Ci " _L.F' i : n� LY- ,��0 "X`f �I -_ _ �:-" � � I NOTE: THIS WILL NOT BE PROCESSED WITHOUTA COMPLETE SITE PLAN! �� f / f Si9na2ure / � � /� �� % ^ '� Dace Received ��/' / S S REQUEST FOR VARWNCE Re: 449 East 7th St. It is our intent to estabfish a Subway Sandwich Restaurant in the first ftoor, and either an aparfinent or o€fice space on the second floor, of the above referenced properfy. The building on this property has been vacant for over four years and was scheduled for demolition. The building is built on the lot line and has no off- street parking. The only parking avaifable is on the street. Because of the parking limitations, there are few if any uses that meet present zoning requirements. Though this property has use limitations, it is an historic Iimesfone structure built in 1866, with unique architectural features (see attached picture), and when rehabilitated would be a significanf addifian to fhe sfreefscape. i Our main customer base for the restaurant wouid be the government employees (Department of liuman Services, Department of Natural Resources, and Department of Labor and industry) located within walking distance of the subject • property. There are over four thousand employees within four blocks of the subject property. Because of these demographics, there is a minimal need for parking. The majority of our business would take place during the lunchtime, between the hours of 11:00 A.M. and 2:00 P.M. Because our customer base would be within walking distance, we do not believe additional parking is required. Even tfiough we do not believe additional parKing is required for our proposed use of the property, we are making an effort to come into closer comformance with zoning requirements by attempting to vacate Wilfius Street and provide additional parking (see attached site plan). The vacate process has begun, but it will require the approval of the majority of adjoining property owners, and City approvaL We have met with numerous City representatives (Chuck Repke, Linda Dickhut, Robert Hamilton, Tom Beach, Thomas Kuhfeld and Phillip Owens) and they have voiced conditional approval o# the pian. We are in the process of ineeting with the adjaining property owners to gain their support. Because this vacate pracess is lengthly, and in our opinion the additional parking is not required for the proposed business operation, we are requesting approva( of the zoning variance at fhis time. � 1=� Peoposed Parking / al Willius & East 7th Strcet St. Paul. T1Y 161t)�3Y13 Fl\ 16�$)693-lAll � I■ i � East Bth Strcol rvepn ur Eut 7th Street Ventures Inc. Sl.ufhPHdBY cnmae.e.vJlEU�En�h>o-v m�a JI�`nyeupv6ctlz�wu HOUWhiANDESIGN „ y: ,,, tHtSlimretay'A�wu� Pae . IU'�fii S.vie396 Dz.n6Y 64nW 5� Pud, ASY 531 W (f�iz)bKYil6 5� 1 IX 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ � I � � � I � � I � � I � � I � � I I � I / � loli � lsll � Lot 2 � I i � y � � 1 � � � � I ` I � I I I � � I I I I i I �O �40 �ytraN I � � .��eY � , � 1 � w— aMeway I � i � 4 I I – I I I � C[SSllSlg I � bLLi��ing � � iot8 t LoIT 1 l.olB t5�]t• I I (e�.p.vv) I I I i � � � � I I � � 1 1 _� _� _ _ _ _ _ _' _ _ _ _ _ _ _ _ _siaewe � 3 S L B'-0 ; 25'-0 — � I _J i ( -- 1 i I I i —� i — i � I __I — c — '� -� _ e, —m—, _o � o� v� , _—J i � i i L1�J_J' 1 t C'zte' I 6_ �J 1 2 erlsthq qulter � 5a�nse'xeratVe 1 eamxna`mx � Eeat 7ih Street ._.. 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' �` � �-�- c �� ' - ti .: ,,,,.,'�y � i - ''� r i _ . .� ' - � 1 ` - �' t i x . - � �� -' � � i ,^'- ' �� ',� � �� ,:. � � � ' y�':� ':�. y^' ..�'. � : ±r:. :- - .�i -; ` _�i�51 t �°' _ _. .. .ri. .. � .- � � `f � -. ;. J �f . �: ,� �«we�' tl.} - \ �^,� � ��'�* `� , � � ;:. � - ��.� � � � X- ," .��-, ,��. y �, ` _ , � � �. .'�:�;� "�� w_ � �� • e � , �� • ��s.�.. � Z,..,.. . ' ' = � � •� '\ � .��., � _€ , :� ,__ _' _ �., ��- �.;.��. , �,' , _ ''.� � ��, �y>, . , .�,. , a � , . � , � �: � �'�•4� �_�� `, . <.�_r=. _. �_ �. V� • > �� .� \`. . / \ ♦ � '- APPLICANT G �� '� LEGEND PURPOSE M��' V�'�'��'N� �� zoningdistrictboundary �ILE # 7 S• DO�i. DATE ��"� � subject property n� orthi PLNG. DIST____�_. MAP # 2 � o one famity •.^ commercial � ¢ twofamily . � �.. industrial SCALE 1" = 400'� � multi le famii V vacant ` .,� ¢Q P Y t � 1. SUNRAY-BATTLECREEK-HfGIiWOOD Z. F3AZEL PARK HADEN-PROSPERT'I'Y HILLCREST 3 '� 4. DAYTON'S BLUFF� 5. PAYNE-P AT' 6. NORTH END 7. THOMAS-D F 8. SUMMTT-UNNERSTI'Y 9. WEST SEVENTH 10, COMO il. HAMLSNE-Iv�WAY 12. ST. ANTHONY PARK 23. MERRIAM PARK-LEXINGTON HAMLINE-SNELLING HAMLINE 14: MACALEST'ER GROVELAND 15. HIGHIAND 16. SUMMIT HII..L � 17. DOWNTOWN � Z�N1NG FILE s°°3 � �� CITTZEN PARTIC]PATION PIANNING DISTRICTS OFPICE OP LICENSE, INSPECTIONS AND I� � 7 ENVIRONMEN'I'AL PROTECTION Rober[%ss7er, Di�ector CITY OF SAINT PAUL Norne Coleman, Mayo� February 27, 1995 Ms. Nancy Anderson City CouncIl Reseazch Office Room 310 City Hall Saint Paul, MN 55102 Deaz Ms. Anderson: BUI7DING INSPECflONAHIJ DESIGN 350 St Pe:er SYreer Sidte 3I0 SairtiPaul, Minnesom SSIO2-ISIO Telephone: 612-26lr9001 Facsimile: 612-2669099 �b°:,�� '��'af ��.,-�: �� `� � '��G I would like to confirm that a public heazing before the City CouncIl is scheduled for Wednesday, March 15, 1995 for the following zoning case: Appellant: File Number: Dave LePage 95-030 Purpose: Appeal of decision by the Board of Zoning Appeals (granting a variance for 12 parking spaces to permit an existing building to be re-used as Location: --4�East 7th Street a restaurant. ) �yg I haue confirmed this date with the office of Councilmember Thune. My understanding is that this public hearing request will appear on the agenda of the City Council at your eazliest convenience and that you will publish notice of the heazing in the Saint Paul Legal Ledger. Please call me at 266-9086 if you have any ques6ons. Sincerely, .� Tom Beach Zoning Section 9� 3l g NOTICE OF PUBLIC HEARING The Saint Paul City Council will conduct a public hearing on Wednesday, March 15, 1995, at 3:30 p.m, in the City Council Chambers, Third Floor, City Hall, to consider tHe appeal of Dave LePage to a decision of the Board of Zoning Appeals to grant a variance for 12 parking spaces to permit an existing building to be re-used as a restaurant at4�3 7th Street. 5�z/I Dated: Mazch 2, 1995 Nancy Anderson Assistant City Council Secretary NOTICE OF PUBLIC HEARING The Saint Paul City CounciYwill conduct a public hearing on Wednesday, Mazch 15. 1995, at 3:30 p.m. in the City CouncIl Chambers. Third Floor, Oity'Hall. Eo consider the appeal of Dave LePage to a decision of the Boazd of Zoning Ap'peals to gtant a variance for 12 pazking spaces to permit an existing buiiding to be re-used as a resTaurant at 449 East 7th Street. ' Dated: Mazch 2, 1995 � � NANCY ANDERSON � ' � � Assistant City Council Secretary - " . � � (Mazch 4, 1995)